Fla. Law Firm Seeks Treble Damages in Each of 2 TCPA, FTSA Class Actions

Two Friday class actions in U.S. District Court for Middle Florida filed by Eisenband Law allege violation of the Telephone Consumer Protection Act (TCPA) and Florida’s Telephone Solicitation Act (FTSA).

Defendant Coastal Carwash “bombarded” plaintiff Joe Redding of Manatee County, Florida, with unsolicited text message spam to sell goods, services or products in Florida, said the complaint (docket 8:23-cv-01465) in U.S. District Court for Middle Florida in Tampa. Screenshots from March and April showed advertised specials and membership offers to sell the company's products and to promote its locations, it said.

Redding’s cellphone number has been on the national do not call registry since May 22, 2019, said the complaint. Coastal used a computer software system that automatically selected and dialed Redding’s and class members’ telephone numbers using a “long-code,” it said. The company used a messaging platform to send the texts, which allowed it to transmit “blasts” of texts automatically and without human involvement “at a nominal cost.”

Coastal Carwash would be able to do business without sending automated text messages to consumers, said the complaint. Since July 1, 2021, on information and belief, the carwash company has sent at least 50 text message solicitations to Florida consumers, it said. The spam caused plaintiff and class members harm, including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy and intrusion upon seclusion, it said.

Plaintiff seeks for himself and the class an award of statutory damages of up to $1,500 per violation under the FTSA and TCPA; an injunction requiring the company to cease all telephone sales calls without express written consent; and an order requiring it to provide training to telemarketing personnel and to maintain a do-not-call list.

A similar class action brought by Daryl Teblum, a resident of Lee County, Florida, alleges Wisdom Companies sent unsolicited texts “over the past month, including in March" to advertise its goods and services without Teblum’s consent. Teblum registered his cellphone number on the national do-not-call registry, and the number was listed for over 30 days before defendant’s first text solicitation, said the complaint (docket 2:23-cv-00478) in U.S. District Court for Middle Florida in Ft. Myers.

The “short-code” number Wisdom used transmitted mass text messages via computer software without any human involvement, said the complaint. Texts using a short-code can be sent only with automated computer software, it said. Defendant has sent at least 50 text message solicitations to Florida consumers since July 1, 2021, it said.

Teblum’s class action also seeks an award of statutory damages of up to $1,500 per violation under the FTSA and TCPA; an injunction requiring the company to cease all telephone sales calls without express written consent; and an order requiring it to provide training to telemarketing personnel and maintain a do-not-call list.